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(영문) 수원지방법원 2017.09.27 2017가단510382
소유권이전등기
Text

1. Of the real estate listed in the attached list, Defendant E’s 4/5 shares in Defendant E, and Defendant F’s 1/5 shares in the attached list from the Plaintiffs on August 4, 2003.

Reasons

1. Evidence 【Evidence】1, 2-1 through 4, 1, 2-3, 14, 5-1, 2, 18, and the purport of the whole pleadings;

A. On August 4, 2003, G and Defendant E and H entered into a sales contract with Defendant E to sell the said real estate on a condition that the purchase price of KRW 823.4 million (the contract amount of KRW 90 million on the date of the contract, the intermediate payment of KRW 200 million on August 4, 2003, and the remainder of KRW 233.4 million on September 8, 2003, and the loan obligation of the Namyang Agricultural Cooperative was KRW 30 million on the loan obligation of Defendant E and H were divided into a sales contract with Defendant E to sell the said real estate on April 12, 2005 (the contract amount of KRW 90 million on the date of the contract, the intermediate payment of KRW 200 million on the date of the payment, and the remainder of KRW 23.4 billion on September 8, 200, and the amount of KRW 1406 on the loan obligation of Defendant E and H was divided into the area of the said land.

After that, Defendant E and H completed the registration of transfer of ownership on March 29, 2004 with respect to J and K including the area of 932 square meters, which was divided on May 30, 2005, prior to the said I.

B. Since the instant land was scheduled to be expropriated from the ethic City to the park site, in the event of future expropriation, G, as the nominal owner, agreed to receive the said expropriation once and pay the full amount of the compensation for expropriation excluding various public charges, and left in the G name without transferring it to Defendant E and H, the purchaser.

C. G died on August 16, 2005, and the plaintiffs as inheritors and M, who are their spouses, have completed the registration of ownership transfer on the instant land under the name of M, a spouse, by consultation and division.

Defendant E and H set up a right to collateral security against the instant land between M and M on July 7, 2007, with the maximum debt amount of KRW 400 million, M & a mortgagee, Defendant E and H, in order to prohibit the seller’s disposal of the instant land, because the land was purchased to the instant land, but the land was not transferred in mind with the view to the expropriation.

E. M dies on February 4, 2015, and the Plaintiffs jointly own each of 1/4 shares of the instant land by inheritance.

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